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Bar Prep > Family Law > Flashcards

Family Law Flashcards

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1
Q

What is Marriage?

A

Marriage is a civil contract between two parties.

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2
Q

What does a ceremonial marriage require?

A

A ceremonial marriage requires a license and solemnization.

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3
Q

What does a ceremonial marriage license require?

A

A ceremonial marriage license requires (1) age; (2) waiting period; and sometimes (3) health testing.

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4
Q

What does solemnization require?

A

Solemnization requires (1) 2 witnesses; (2) officiant; and (3) marriage license

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5
Q

What does common-law marriage require?

A

Common law marriage requires (1) agreement the parties are married; (2) cohabitation; and (3) holding themselves out in public as married.

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6
Q

How may a marriage be terminated?

A

A marriage may be terminated through (1) annulment; (2) divorce; and (3) death.

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7
Q

What does annulment do?

A

Annulment voids a marriage.

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8
Q

What is a void marriage?

A

A void marriage is “as if it never happened”

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9
Q

What voids a marriage?

A

A marriage is void due to (1) A prior existing marriage; (2) incest; (3) mental incapacity.

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10
Q

What is a voidable marriage?

A

A voidable marriage is a valid marriage until a spouse seeks annulment.

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11
Q

What does a voidable marriage require?

A

A voidable marriage requires a judicial decree.

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12
Q

What makes a marriage voidable?

A

A marriage is voidable due to (1) age; (2) unknown natural and incurable impotence; (3) intoxication; (4) fraud, misrepresentation, duress, coercion, force; and (5) lack of intent.

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13
Q

What is divorce?

A

Divorce is a legal dissolution of marriage.

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14
Q

What does a No-Fault Divorce require?

A

A no fault divorce requires either (1) irreconcilable differences; or (2) incapacity.

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15
Q

What are the grounds for a fault based divorce?

A

The grounds for fault based divorce are (1) adultery; (2) cruelty or inhumane treatment; (3) desertion; (4) habitual drunkenness; (5) bigamy; (6) imprisonment; (7) indignity; (8) institutionalization.

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16
Q

What are the defenses to divorce?

A

The defenses to divorce are (1) recrimination and unclean hands; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; (8) justification.

17
Q

What are the ways property may be divided?

A

Property may be divided through (1) Community Property; or (2) Equitable Distribution

18
Q

What is community property?

A

Community property splits the property 50/50.

19
Q

What is equitable distribution?

A

Fair distribution

20
Q

What are exceptions to marital property?

A

The exceptions to marital property are (1) before the marriage; (2) Inheritance; (3) gifts; and (4) settlements.

21
Q

What are the types of spousal support?

A

The types of spousal support are (1) lump sum; (2) permanent alimony; (3) durational alimony; (4) rehabilitative alimony; and (5) reimbursement alimony.

22
Q

What are factors that may affect modification of spousal support?

A

Factors that may affect modification of spousal support are (1) death; (2) remarriage; (3) cohabitation; and (4) voluntary retirement.

23
Q

How long may child support last?

A

Child support may last (1) until 18; (2) until 19 if pursing a high school diploma full time; (3) physical or mental disabilities of the child; and (4) through college.

24
Q

How can child support be calculated?

A

Child support may be calculated (1) income shares model; or (2) percentage of income model.

25
Q

What is the income shares model?

A

The income shares model adds both incomes, determines the amount of child support, and allocated responsibility respective to each person’s net income.

26
Q

What is the percentage of income model?

A

The percentage of income model uses a percentage of the non-custodial parent’s income.

27
Q

Can child support be modified?

A

Child support can be modified if the child’s or parent’s circumstances change.

28
Q

Can child custody agreements be modified?

A

Child custody agreements can be modified if there are substantial and unforeseen changes in circumstances.

29
Q

What is the Uniform Interstate Family Support Act (UNFISA)?

A

UNFISA is the long arm statute which allows PJ over out of state parents.

30
Q

How is PJ determined under UNFISA?

A

PJ under UNFISA is determined through (1) personal service; (2) consent; (3) past residency; (4) child forced to reside in that state; (5) conception; (6) putative father registry.

31
Q

Modification to child support is allowed under what circumstances?

A

Child support may be modified if (1) it is in good faith; and (2) it does not harm the child.

32
Q

Do states have PJ over domestic issues.

A

States have PJ over domestic issues not involving child support (ie: divorce agreements)

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